The Waco daily examiner. [volume] (Waco, Tex.) 187?-1888, 1887-12-07
mn pRIMMER's TAN
o IA. Tnconstttutionnl by
'''",,.nbiu,and stockton DIS
charged.

D. III tttlh ~AON h'p''
'"' charged,
-,vrsroN, Dee. 6.-lhe decision
90" ad,rfl district court in the
o. 'D bsbes, corpus case of Robt. C.
nov m. the Kansas City drummer,
uo.the "drummer's tax" case.
NY rondered to-day by Judge oab'n
N deoision is II most signal victory
NV .he drummers. Not only does
w. oonrt release stockton from a.
~ ', but pronoUnces tle law taxing
miners. citizens of ther states, to
nnconst tutional aud in conflict
pc ,h section VIII OF the Federal
SS.nn.titutiou. The opinion is eX-
..ns,,ve and reviews the ms
D ',y of the case In detail,
,N,cktop's arrest AT Tyler on
~ 4ta.. of November last
W. the subsequent proceedings
SUI his release are familiar facts. The
Ty' ' Protective association
lh;cb made t1e fight in Stockton's
Sahslf set up that the law taxing
irnmmers was equivalent to tax
nan interstate commerce, and this
.iRor ia sustained by the court. Judge
shine fc lloWS very closely the decis-
,ons of the nited States Supreme
Tonrt in almost similar cases. He
.ocsres the state law uncoustitu-
''onal in as tar as At appears to APP
,Iv TO stockton as the agent or drum
no Nor for he firm of William A, WI
- lon 4 Co., OF Kansas City. This
n +, equivalent to declaring
u ,Io law demonstrations o, ly as to
foreign drummars. The lqnguay re of
the court is very strong a times. It's
ieclsion is grounded upon the prime
ME of no taxation without represen-
istion. On this point the court says :.
1Wlat rcpresen alton has the citizen
nj one state i'll the laws of another to
fleet this commerce therein! Pre-
ci,elv none. 1t a tate can make a tex
uail upon inter state commerce, it
can do almost anything in that line"
In concluding his able opinion, Judge
! ssbin says; "rhe idea OF a citizen OF
! he nited States being challenged
uywhcre in this nation by any power
A WutT lHbI huslOhui, III lIiS
pnduct OF his lawful business, in
nes other than his own. is decided
absurd and ridiculous. The 4w
i IN question is utt erlv void so far as it
4 sfec.s citizens OF ether states having
no goods herein but selling herein by
Il sample
Tie following is the decree emf tered
BY the cuurc ordering Stockton's re
Ease "Said cause having come
duly OH 10 be heard
upon the writ returned inter-
veniion OF the slate aud inc evidence
hcreiu adduced aud argument of
counsel having been heard eud ne
court having carefully considered the
same. now here adjudg yes orders and
DEGREES nat the rest caint of the liber-
~ of the said Robt. Z. Stock'o on b.
the said NJ o. Meader, cons table OF
precinct No. /. Smith county,,
Texas and the proceeding o.
7hlch he Is restrained, and the law
nder and by virtue II which the
Nae W ere had aud suuglt to be main
yled, were each aud every one OF
@aa in violation of the constitution
@lhe l niteu States, ana that OF right
ild justice. Inc SAID Robert Z. Stock
ton Is entitled TO his liberty and free
'om from resi- rant, ana from each
ind every one OF 'he same; and 1t is
Qfi ner ordered ana adludiged that he
Re at once, restored to his
Oerty by Tue sAd Nj. Meuor,
onsiaoie' aud that tue State OF Texas,
As oiilceTs' agents ana employees, and
ach ana every one OF them deslst
rom all ellorII ? ENFORCE the sad
hw-uhuer "hlch ne Is arrested
upon him, the sand Stockton, as drum